Acting Chairman Erz called the meeting to order at 7:00 p.m.  Commissioners Ferguson, Caplinger, Fialka, and Rebman were present.  Commissioners Saylor, Ottmar, Quick, and Sheffield were absent.

Minutes

Commissioner Rebman moved to approve the minutes of the May 11, 2011 regular meeting. Commissioner Ferguson seconded the motion.  The minutes were approved.

HEARING

Hearing/Request for Annexation – Hwy 395 & Van Arsdale Lane/Octavio Rodriguez

Acting Chairman Erz announced the planning commission is holding a hearing to consider a request for annexation of approximately four acres of land located at the southeast corner of Hwy 395 and Van Arsdale Lane.  The property is also described as 4N 28 02BC, Tax Lot 600.  Mr. Rodriguez owns the property and wish to annex it to the city for commercial development.

Declaration of Potential Conflict of Interest

Acting Chairman Erz asked if any commissioner wished to declare a potential conflict of interest.  Hearing none, Acting Chairman Erz opened the hearing at 7:01 pm.

Hearing Guidelines

Acting Chairman Erz read the following guidelines:

1. The applicable substantive criteria relied upon by the City in rendering the decision to annex the property are contained in §150.05 of the Hermiston Code of Ordinances.
2. Testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan or land use regulations which the person believes apply to the decision.
3. Failure to raise an issue by the close of the record at or following the hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) or the city council based on that issue.
4. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to that issue precludes appeal to LUBA or the city council based on that issue.
5. Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.
6. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application.  The planning commission shall grant such a request by continuing the public hearing pursuant to ORS 197.763(6)(B) or leaving the record open for additional written evidence, arguments or testimony pursuant to ORS 197.763(6)(C).

For this hearing, the process begins with the staff report, followed by testimony from the applicants and any other supporters of the application.  This will be followed by opponents to the application.  Finally, a rebuttal by the applicant will be allowed.  The public hearing portion of the procedure will then be closed, and the planning commission will consider the information and testimony received, adopt findings of fact, and make a recommendation to the city council on annexation.

Staff Report

City Planner Spencer stated that Octavio Rodriguez submitted a request for annexation of approximately 4.08 acres of land located at the southeast corner of N First Street and Van Arsdale Lane.  The property is described as 4N 28 02BC Tax Lot 600.  Octavio Rodriguez owns the property and proposes to annex it to the city to connect to municipal sewer services prior to developing the property commercially.  The property lies within the urban portion of the urban growth boundary and has a comprehensive plan map designation of Commercial (C) which corresponds to a Central Commercial or Outlying Commercial zoning designation.  The applicant proposes to annex the property with an Outlying Commercial (C-2) zoning designation.

CRITERIA

 

§150.05 of the Hermiston Code of Ordinances establishes the criteria for annexation to the City of Hermiston.

• The proposal is consistent with all state annexation law requirements.
• The property is contained within the urban portion of the urban growth boundary as identified in the comprehensive plan
• The proposed zoning is consistent with the underlying comprehensive plan land use designation

PROPOSED FINDINGS

Subject to the comments and considerations of the public hearing, the following draft findings are presented:

ANNEXATION

1. The City has received consent to annexation from the property owner for approximately 4.08 acres of land.
2. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the planning commission hearing.  Notices were also posted in four public places in the city for a like period. Comments were received at this date as a result of the publication or postings.
3. Affected agencies were notified. 
4. A public hearing of the planning commission was held on June 8, 2011.  Testimony was received from several property owners at the hearing.
5. The proposal is consistent with all applicable state annexation requirements.
6. Since the property is contiguous to the existing city limits, the annexation is in accord with Comprehensive Plan Policy 4 which promotes compact urban development within and adjacent to existing urban areas to insure efficient utilization of land resources and facilitates economic provision of urban facilities and services.
7. The annexation is consistent with the requirements of Comprehensive Plan Policy 5 relating to annexation.
8. The property is located within the urban portion of the urban growth boundary (UGB) as identified on the comprehensive plan map.
9. The annexation and existing commercial development are consistent with applicable comprehensive plan policies and map designations.
10. This annexation will not have an adverse impact on the area because it is developed in a similar and compatible manner to adjacent properties.  Where there are existing residences near the property, these residences are zoned for commercial development.
11. Sewer and water are available to service this property in N First Street and along the east boundary of the property.  Any connection to municipal services will require extension of these services in accordance with §157.164(D)(2) of the Hermiston Code of Ordinances.

City Planner Spencer stated that Big 5 extended the sewer line roughly 25 feet from the southeast corner of Mr. Rodriguez’s property.   Acting Chairman Erz asked about future growth north of the property and questioned why Big 5 extended the line to such a point.  Mr. Spencer added that Big 5 stub the line out to Hwy 395 as well and that by extending the line to the east side of Mr. Rodriguez’s property saved Big 5 from moving the signal lights.

ZONING DESIGNATION

1. The comprehensive plan map designates the area as Commercial.  No error in the plan has been identified in regard to this area.
2. The proposed Outlying Commercial zoning designation corresponds with the underlying comprehensive plan designation.

RECOMMENDED PLANNING COMMISSION ACTION

Staff recommends the findings of fact, as may be amended, be adopted on annexation and zoning designation; and that the planning commission make a recommendation to the city council that the land be annexed with an Outlying Commercial zoning designation.

Hearing no further questions, Acting Chairman Erz opened the floor for testimony.

Testimony

Commissioner Rebman reminded the Prewitts that they were not losing anything, so the access would be the same as it is now.  Commissioner Ferguson voiced his concern with the future of potential development of tax lot        700 saying that the City would end up with a piece of property that could not be developed.  Mrs. Prewitt stated that they did ask Mr. Rodriguez to buy them out but he rejected the proposal.  City Planner Spencer stated that the City cannot force Mr. Rodriguez to provide an additional 20 feet of easement for the Prewitts.  Commissioner Fialka wondered if there was any possibility of access from north of tax lot 700 (Prewitt’s property).  There is no other access besides Van Arsdale as the property is basically landlocked.

Hearing no further testimony, Acting Chairman Erz closed the hearing at 7:30 pm.

Acting Chairman Erz asked for a motion.  Commissioner Caplinger moved and Commissioner Rebman seconded the motion to accept the findings of fact as amended.  Motion passed.  Commissioner Ferguson moved and Commissioner Rebman seconded the motion to recommend annexation to the City Council with a C-2 zoning designation.  Motion passed.

New Business

City Planner Spencer did not provide the details of his staff report regarding the minor land partition since the basic information was provided during the annexation portion.  However, he felt that without input from ODOT, he was not sure if ODOT would approve the second access easement as shown on the preliminary partition plat.  City Planner Spencer suggested that Mr. Rodriguez might consider dividing into four parcels instead of three with the access easement cut all the way through thus alleviating the need to use Van Arsdale Lane.

According to Mr. Rodriguez, the previous owner advised him that the second access easement was already approved but was not cut-in.  City Planner Spencer advised Mr. Rodriguez to contact Marilyn Holt at ODOT.  Mrs. Prewitt advised the group that ODOT requires at least 200 feet between easements.

After further discussion it was determined that additional access information was needed from ODOT.  Acting Chairman Erz asked for a motion for a continuance.  Commission Caplinger moved and Commissioner Fialka seconded the motion for a continuance.  Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer stated that he received a letter of support from the downtown merchants regarding the downtown revitalization plan.  The group agreed with the extension of the overlay to
7th Street.  Also, a plan needs to be developed which caps the number of municipal lot parking spaces that can be used for each business, especially those over 7,500 square feet.

HAPO has already begun demolition on the vacant building.  Les Schwab is open and patrons no longer have to back out onto Hwy 395.

There was no further business and the meeting was adjourned at 7:50 pm.